Continued from pt. 4...

 

Section 16. Additional Powers. The City shall possess all powers conferred by the Act, the FCC Rules, the cable operator's franchise, and all other applicable law. The powers eercised pursuant to the act, the FCC Rules, and this ARticle shal be in addition to powers conferred by law or otherwise. The City ay take any action not prohibited by the Act and the FCC Rules to protect the public interest in connection with basic cable service rate regulation.

Section 17. Failure to Comply; Remedies. The City may pursue any and all legal and equitable remedies against the cable operator (including, without limitation, all remedies provided under a cable operator's franchise with the City) for failure to comply with the Act, the FCC Rules, any orders or determinations of the City pursuant to this Article, any requirements of this Article, or any rules or regulations promulgated hereunder. Subject to applicable law, failure to comply with the Act, the FCC Rules, and orders or determinations of the city pursuant to this article, any requiremetns of this Article, or any rules and regulations promulgated here under shall also be sufficient grounds for revocation or denial of renewal of a cable operator's franchise.

Section 18. Severability. The various parts, sections, and clauses of this Article are hereby declared to be severable. If any part, sentence, paragraph, section or clause is adjudged unconstitutional or invalid by a court of competent jurisdiction, the remainder of the Article shall not be affected thereby.

Section 19. Conflicting Provisions. In the event of any conflict between this Article and the provisions of any prior ordinance or any franchise, permit, consent agreement or other agreement with a cable operator, then the provision of this Article shall control.

ARTICLE II

SAVINGS CLAUSE

If any section, subsection, sentence, clause, or phrase of the within ordinance is, for any reason, held to be unconstitutional, such decision shall not affect the validity of the remaining portions of this ordinance. The City Council hereby declares that it would have passed this ordinance, section, subsection, sentence, clause, or phrase thereof irrespective of the fact that any one or more sections, subsections, sentences, clauses or phrases be declared unconstitutional.

ARTICLE III

REPEALING CHAPTER

All ordinances or parts of ordinances in conflict with the provisions of this ordinance are hereby repealed.

ARTICLE IV

EFFECTIVE DATE

This ordinances shall be in full force and effect upon its passage and publication.

Introduced: September 27, 1993

Passed: October 6, 1993

Published: October 7, 1993

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